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- From: doctor1@pofbbs.chi.il.us (Patrick B. Hailey)
- Subject: SEIZURE: OUT OF CONTROL (Editorial 3)
- Date: Fri, 26 Nov 93 22:03:02 CST
-
-
- SEIZURE: OUT OF CONTROL
- Editorial / Aug. 18, 1991
-
- Less than four months from now, on Dec. 15, to be exact, the 10 original
- amendments to the U. S. Constitution - the precious Bill of Rights - will be
- 200 years old.
-
- For two centuries, these superbly crafted safe-guards have served to
- protect the individual rights of the American people, withstanding attempt
- after attempt to erode the liberty guaranteed by the Constitution.
-
- But seven years ago, Congress, in a well-intentioned but poorly executed
- attempt to step up the war on drugs, twisted some of the guarantees until a
- crack developed. Since then, money-hungry law enforcement agencies across the
- country have slammed wedges into the breach, creating a gap of frightening
- dimensions.
-
- Compromised, indeed, even seriously endangered by the Congressional fervor
- of the Orwellian year of 1984, are three basic rights.
-
- No longer is an American assured by the Fourth Amendment that he or she
- will not be subjected to "unreasonable searches and seizures." No longer does
- the Fifth Amendment assure that private property will not be taken "for public
- use without just compensation." And no longer does the Eighth Amendment protect
- anyone from "cruel and unusual punishment."
-
- Blame Congress. By changing the federal forfeiture law, aimed at curbing
- drugs by causing hardships to dealers, Congress in 1984 gave law enforcement
- agencies the power - and even an incentive - to abridge these rights.
-
- How the law has run rampant over the rights of individuals since then was
- startlingly documented during the past week in The Pittsburgh Press. Reporters
- Andrew Schneider and Mary Pat Flaherty, in six chilling installments,
- documented more than 400 cases of innocent people falling victim to government
- out of control.
-
- They found that police, using hundreds of federal and state seizure laws,
- have confiscated $1.5 billion in assets and expect to take in $500,000 more
- this year. But, it turns out, for every drug lord and dealer who loses his
- ill-gotten treasures to the government, there are four innocent people who are
- being victimized - fully 80 percent of the people who lose property to the
- federal government are never charged with a crime.
-
- They are searched, unreasonably in most cases, and after fitting a profile
- that is likely racist. Their property is taken with not even a thought of
- compensation. Their homes, their farms, their very life savings are
- confiscated in as cruel and as unusual a punishment as one can imagine.
-
- Why? Because the forfeiture law calls for funds derived from seizures to
- be turned back to law enforcement agencies, to be used to continue the war on
- drugs.
-
- That's a cunningly attractive concept - crime paying for its own
- investigation and prosecution. In practice, though, the theory falls
- distressingly flat, the victim of human greed.
-
- Law enforcement agencies, on the hunt for dollars, are on a seizure binge,
- taking property indiscriminantly and without compassion. People only
- marginally involved with a drug investigation, people who never were charged
- with a crime, have lost their homes, money and belongings. So have those who
- were charged and cleared.
-
- Some were even the victims of bounty hunters - those who, for a piece of
- the seizure pie, become informants. As it stands now, anybody with a finger to
- point can share in money seized from a person they tab as "suspicious."
-
- But because it doesn't matter whether their target is guilty or innocent
- -just whether there is a seizure of property in which they will share - the
- system is wide open to abuse. And it has been abused, to the point where
- innocent travelers have been detained, searched and stripped of their money.
-
- Even some police shudder at what is happening. Wayne County (Detroit)
- Sheriff Robert Ficano, who, while aggressive in leading his drug war, is
- careful not to wage it at the expense of the rights of individuals. "Seizure is
- an important tool," he said, "but we'll lose it unless we keep a heavy emphasis
- on respecting individual fights."
-
- He's right, of course. Seizure has been, is, and should continue to be a
- big gun in the war on drugs. But it can't be a shotgun, blasting away at
- innocent people who happen into its path.
-
- The legal massacre uncovered by Mr. Schneider and Ms. Flaherty must stop
- and only Congress has the necessary remedial power.
-
- The forfeiture law must be overhauled once again, due process restored,
- the bounty hunters disenfranchised and seizure of property permitted only after
- an individual has been convicted of a crime.
-
- All we are demanding, after all, is that Congress pay attention to a
- 200-year-old list of guarantees that was ignored in 1984.
-
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